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WAIVER RELEASE OF LIABILTY

AND INDEMNITY AGREEMENT

This document affects your legal rights - please read carefully before signing.

I know and acknowledge that entry on the property located at 12350, 12352, 12354, 12356 and 12358 E Guanella Pass Rd, Georgetown, CO 80444, also known as Timberline Lodge at Duck Lake (the “Subject Property”) is at my own risk. I assume all risks associated with entry, including but not limited to falls, contact with people or wildlife, the effects of weather or altitude, the conditions of trails, roads, water, lake, ice, electricity, and cabins, all such risks being known and appreciated by me.

Waiver and Acknowledgement: In consideration of being permitted to enter Subject Property, I, for myself, my heirs, invitees, agents, personal representatives and assigns, do hereby release, waive, discharge, and covenant not to sue Timberline Lodge at Duck Lake LLC (“Duck Lake”), and any of its officers, owners, members, guests, employees, agents, volunteers from any and all claims or liabilities including but not limited to personal injury, accidents, illnesses (including COVID-19 related issues), and death. I understand that rescue services or medical facilities or expertise may not be available to address injuries which I potentially may experience. I further understand that the water in all cabins is untreated and agree to use/consume it at my own risk. I acknowledge that any facilities, property, equipment or services (the “Facilities”) that may be provided by Duck Lake is used by me at my own risk. I understand and agree that Duck Lake shall not be liable for any loss, damage or injury resulting from the use or non-suitability of the Facilities and that DUCK LAKE MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES INCLUDING ANY AND ALL EXPRESS OR IMPLIED, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WARRANTIES WITH REGARD TO THE FACILITIES. I further acknowledge that the above risks are examples but not all inclusive of possible risks associated with the use of the Facilities.

Indemnification and Hold Harmless: I also agree to indemnify and hold harmless Timberline Lodge at Duck Lake LLC and any of its officers, owners, members, guests, employees, agents, and volunteers from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees arising from my use of the Subject Property and to reimburse them for any expenses incurred by them as a result of such use.

Severability: The undersigned further expressly agrees that the foregoing waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

IMPORTANT:

THIS DOCUMENT RELEASES TIMBERLINE LODGE AT DUCK LAKE LLC AND OTHERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE CAUSED BY NEGLIGENCE.

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW IN PERPETUITY.

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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